Hi Om,

Comments inline.


On 3/5/18, 3:09 PM, "omup...@gmail.com on behalf of OmPrakash Muppirala"
<omup...@gmail.com on behalf of bigosma...@gmail.com> wrote:

>On Mon, Mar 5, 2018 at 2:47 PM, Alex Harui <aha...@adobe.com.invalid>
>wrote:
>
>> Hi Om,
>>
>> I am not able to follow your logic.  I think I've read your full email
>>and
>> have looked at the links.  It appears you are trying to say that the
>>data
>> points we are using came from [1], but to me, [1] seems clearly under
>>GNU
>> Document and CC-BY-SA.  The act of removing the state names from the
>>data
>> in [2] made it a derivative work, and it appears that the author of [1]
>> says that work is not under Public Domain.
>>
>
>The SVG asset itself is licensed as such.  We are not using the svg asset
>anywhere.  We are only using the map data which came from some other
>source.
>
>Map data is not copyrightable.
>
>Please read the section under "The map wasn’t eligible for copyright in
>the
>first place" here:
>https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.public
>domainsherpa.com%2Fpublic-domain-maps.html&data=02%7C01%7Caharui%40adobe.c
>om%7Cdb3e0b405fdc43cf995108d582ee4e3b%7Cfa7b1b5a7b34438794aed2c178decee1%7
>C0%7C0%7C636558882380334796&sdata=lhmEgOxJKLHmRSz5JAwCLCuAI0Iqy3cn7QQu%2FI
>aaOfQ%3D&reserved=0
>
>" If the components of the map are “entirely obvious” the map will not be
>copyrightable. For example, an outline map of the state of Texas, or one
>of
>the US showing the state boundaries is *not* copyrightable. (Not
>creative.)
>Ditto maps that use standard cartographic conventions, like a survey map.
>(Not original.) "
>
Right after the passage you quote, it says this:

    "This is could be a tough call in certain cases
    (I mean, come on ... “entirely obvious”?) but
    that's the what the courts have said. Just keep
    in mind ... what you think is entirely obvious,
    the mapmaker might contest as creative."

Let's see what other PMC members think.  To me, the quote I pasted
indicates that this is still a controversial area.  The definition of "map
data", AIUI, has to be tied to facts.  So, GIS coordinates, or any other
lat/lng fact that is used to create a map is not copyrightable, and any
map image produced by the US Government is in the public domain.  But I
believe there is a gray area around the digitizing of maps.  The number of
points chosen which create the level of detail of a map could be argued to
be a form of expression as well as the line-weights chosen for the lines.

Also, the provenance/history of how the SVG file you chose became public
domain is murky.  I was unable to determine where the data points came
from.

To me, that's one reason why folks on wikimedia are claiming copyright and
different licensing on their maps that are essentially digitized from
public domain US Government maps.  The fact that the data points for the
states are different in different SVG files also leads me to believe the
data points are not facts.  I think the safest and least controversial
option is for us to use a map that is in the public domain already.  This
map [1] seems to have a much simpler public domain provenance.  Then I
think there is less surface for nitpickers to attack.

If other PMC members want to go with the current data you have in the
files then I'll defer to them (and you).


Thanks,
-Alex

[1] https://commons.wikimedia.org/wiki/File:Blank_US_map_borders.svg

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